Massachusetts District Attorneys Association - Appendix B

Fiscal Year 2022 Report on the Status of Child Abuse and Neglect Cases.

Below is a copy of the fiscal year 2022 Report on the Status of Child Abuse and Neglect Cases, showing the design and text of report.

This object states the following: “To: • The Honorable Maura Healey, Governor • The Honorable Maria Mossaides, Child Advocate • The Honorable Michael Rodrigues, Chair, Senate Committee on Ways and Means • The Honorable Aaron Michlewitz, Chair, House Committee on Ways and Means • The Honorable James Eldridge, Senate Chair, Committee on the Judiciary • The Honorable Michael Day, House Chair, Committee on the Judiciary • The Honorable Robyn Kennedy, Senate Chair, Committee on Children, Families and Persons with Disabilities • The Honorable Jay Livingstone, House Chair, Committee on Children, Families and Persons with Disabilities • The Honorable Michael Hurley, Clerk of the Senate • The Honorable Steven James, Clerk of the House “From: Jennifer Franco, Massachusetts District Attorneys Association “Date: May 11, 2023 “Re: Report on the Status of Child Abuse and Neglect Cases (G.L. c. 12, § 20D) “As required by G.L. c. 12, § 20D1, the Massachusetts District Attorneys Association (MDAA) submits the following information relative to child abuse and neglect cases that have been referred for criminal prosecution to nine of the eleven District Attorneys during FY20222. The Department of Children and Families, which is mandated to report certain categories of child abuse and neglect to the District Attorneys, pursuant to G.L. c. 119, § 51A, is the primary source of child abuse and neglect referrals for the District Attorneys. However, the District Attorneys also receive a significant number of reports from the police, and directly from victims, and from the victims’ families. “[Footnotes:] “1. G.L. c. 12, § 20D: The executive director [of the Massachusetts District Attorneys Association] shall annually report on the status of child abuse and neglect cases that have been referred for criminal prosecution, including the number prosecuted, the results of those prosecutions, the principal reason for decisions not to prosecute, and what resources would have assisted in those investigations and prosecutions. The report shall be filed with the clerks of the senate and the house, the senate and house committees on ways and means, the joint committee on children, families and persons with disabilities, the joint committee on the judiciary, the child advocate, and the governor. “2. This report shall be updated should MDAA receive data from the Middlesex and/or Northwestern District Attorney.”

This object states the following: It states the following: “The number of criminal prosecutions initiated by the District Attorneys does not reflect the tremendous workload of pre-charge investigations involved in reviewing these sensitive and complex cases. “Please note that MDAA is reporting referrals as the number of new cases reported or referred to the nine District Attorneys during FY2022; all other information relates to child abuse and neglect cases reported or referred to the nine District Attorneys in any year. Child abuse and neglect cases, from initial referral to final disposition, can take several years to resolve. • Abuse/Neglect Referrals (Per Child): 12,757 • Referrals Closed without Prosecution: 6,150 • Criminal Cases Initiated (Per Defendant): 1,878 • Criminal Cases Disposed with Conviction: 658 • Criminal Cases Disposed without Conviction: 647 “It is important to note that the COVID-19 pandemic and resulting court closures have had a significant impact on cases moving through the criminal justice process. “The District Attorneys report the following as the principal reasons for the decision not to prosecute: • Insufficient evidence • Psychological trauma • No disclosure/victim denied abuse • Competency issues of child/tender age of victim • Lack of specificity/detail • Not in child’s best interest • Lack of jurisdiction • Perpetrator is underage for prosecution • Family unsupportive and unwilling to go forward • Suspect unknown • Does not meet elements of a crime • Suspect incompetent • 5th Amendment Privilege • Statute of Limitations elapsed “The District Attorneys believe that each agency utilizes all available resources to serve victims, their families, and the public during every step in the long process toward healing the victims and their families, and toward resolution of these difficult cases. However, the District ”

This object states the following: . It states the following: “Attorneys report that the following resources would have assisted in these investigations and prosecutions: • Funding for more specialized investigators, victim-witness advocates and • prosecutors • Data Tracking System • Shortage of law enforcement • Shortage of forensic experts and tools • More prosecutors”

Date published:	November 17, 2025